A jury has acquitted two police officers of assault after they used a taser and pepper spray on a 93-year-old disabled man in a wheelchair.
They also used a baton and handcuffs on Donald Burgess who died three weeks later although their actions were not blamed for his death.
Despite their acquittal, the pair now face gross misconduct proceedings, Sussex Police said.
The force said: “Two Sussex police officers have been acquitted by a jury of assault in connection to their use of force on an elderly disabled man at a St Leonards care home.
“PC Stephen Smith, 50, and PC Rachel Comotto, 34, were charged with assaulting Donald Burgess, 93, in June 2022.”
PC Smith faced two charges after using the artificial pepper spray, known as pava spray, and a baton to strike Mr Burgess. PC Comotto faced one count after using a taser.
Sussex Police said: “PC Smith was acquitted by a jury of two counts of assault occasioning actual bodily harm (ABH) and PC Comotto of one count of ABH, today (Wednesday 28 May) at Southwark Crown Court.
“The officers attended a dementia care home following a report of a resident with a knife that was threatening staff.
“The use of force by the police officers included a taser, pava spray, handcuffs and a baton.
“Mr Burgess was taken to hospital following the incident and died three weeks later. However, the available evidence did not indicate the officers’ actions caused or contributed to his death.”
Assistant Chief Constable Paul Court said: “Firstly, I’d like to acknowledge how incredibly difficult this period must have been for Mr Burgess’s family and I have offered them my sincere condolences.
“I recognise and understand the impact this case has had on public confidence. It is with profound regret this happened.
“Police officers can often find themselves in challenging and unpredictable situations where they must make split-second decisions to keep the public safe and do so with measure, compassion, and skill. We support them to do this and it’s what our communities expect.
“Use of force must be reasonable, necessary and proportionate – and officers know they will be held accountable for their actions every time.
“The officers in this case have been held accountable to a criminal threshold and we respect the jury’s decision.”
Sussex Police added: “The Independent Office for Police Conduct (IOPC) has confirmed that both officers will now face gross misconduct proceedings.”
